What is the definition of a business associate under HIPAA?

A business associate, as defined by HIPAA, refers to a person or organization that performs certain functions or activities on behalf of a covered entity that involve the use or disclosure of protected health information (PHI). This definition encompasses a wide range of services, such as billing, data processing, or legal and accounting services, among others, which require access to PHI to perform their duties effectively.

This definition is integral for ensuring that business associates uphold the same privacy and security standards that covered entities must adhere to under HIPAA. As a result, business associates must sign a Business Associate Agreement (BAA) with the covered entity, which outlines the permitted uses and disclosures of PHI they can engage in, ensuring compliance with HIPAA regulations.

In contrast, a patient receiving treatment, an employee of a covered entity, and a healthcare provider fall into different categories that do not align with the definition of a business associate, as they do not specifically delineate an entity providing services under the circumstances described by HIPAA.